Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-09-15
THURSDAY. ......SEPT'R -, 1887.
The Conztltution-Agaln.

which Hon. }. Il. TUCKER delivered II
few months ago. We allude TO his ad-
dress June 2Sth, delivered before the
graduating classes at the sixty-third
anniversary Of the Yale Law School,
giving a brief "History of the Federal
Convention OF l7S7 and It's Work - {;
and his address entitled "The Old and
the New South, delivered at the com
mcncemeDt OF 1887 Of the South Caro-
lima College
In the Yale address, worthy of a
BLACKSTONE, Mr.. TUCKER not only dis.
cusscs the Federal Constitution and its
history, but gives as glmpses Of a
philosophical conception of the origin
and purpose OF governments, and a
hint as TO their evolution. "This new
inspiration christianity for the human
soul has made modern civilization"
"The liberty Of the man is not the re-
sult of social compact, is not the con-
CtHSiOh ~ nun nom opOlCtg VI lIOu
government, but is the gift Of God to
every man ; Liberty for sclf-use in order
to the attainment of the ends of his
creation in the discharge Of his duty
to bis Divine King We quote:
81 must advert TO the fundamental
distinction between right and power TO
be observed III this discussion.
THE personal right of the man to
his liberty is asserted from his deepest
seliconsciousncss against the govern
mcnt which may abrldge or destroy it.
For unless the man can control the
government The scliishness of those
who do control it will be sure to direct
its action against his right.
1.-The man therefore will need pOljh-
cal pCWcr TO protect this personal
right. The hand that holds right and
interest should be the hand which
yields political power.
WED political power to personal
right. and liberty Will be safe and
tyranny impossible Divorce them,
and liberty dies; dcspotism survives,
and tyranny must result.
Power must husband right. Right
needs power il It's own hand for self
protection. Intelligent self-goyern-
ment, when thus secured, is the assu-
rance Of the liberty, order, and progress
OF the human race. There must be in
tellgence to act wisely in the use of
this self-government for ignorance,
armed with tins power against lntclil-
gcnce, will be imFotout Tor self-detence,
and may be deludcd into the use of its
weapon for scli.desiruction.
"In British history seli-nsht in the
man has always claimed political power.
When disseiZed of his freehold of lib
erty, he has made continual claim,
and has thus barred the despot's plea
of prescription and won victory in his
WIT of Right.
Magma Charter els the germ of our
American doctrine which makes all le-
gislation, and every act, void which is
contrary to the Constitution of the
United States "a notable dictum.
Again we quote as to our Congress
Power i'll one branch is given to
population in order to the security of
the man in his personal liberty, and
power to the States rs s,sh in the other
branch for the security of the States as
free Commonwealth. BY requiring all
Law to have the assent of both branches
the Legislative department was founded
on the philosOphic and practical princi-
pie of the concurrent majorities OF
two conflicting authorities, III order to
protect the right represented by each
from the adverse action of the other.
Mr.. TUCKER does not plead for the
rights of the States. He simply makes
history tell that true story which he
has so often repeated. Admirably this
is done, too. lie says that question
has been raised whether the Govern
ment is national or federal, or partly
both, and adds
"The word national is nowhere
found in the Constitution, and was
tricken out on EllswOrth's motion
mem. con-, as we have seen. To hang
a constitutional question on word IS
not worthy of this discussion. But
the appeal may he made to the Constl-
tuition itself as to its real nature. 1t
is established by its clear language that
the states in every department of tho
Federal Government are the constltu-
epts represented in it. and acting
through it. This is clearly so as to the
Senate.
al think the philosophy of our won
deifully and profoundly wise federatlve
system in in what / have already said.
Power and right are welded, and never
divorced. There are general interests
in which all the States IN union have
rights. All must have power as to such,
for the exclusion Of any one would be
Dro tGnto 10 divorce its right from its
power; TO admit all is 10 wed the right
of all to the power Of all.
"Then there are the local interests
Of each State which require to be under
the exclusive power OF each. That weds
power and right. To admit any other
State TO control these is TO give an alien
power over home right, and is pro taHtO
to divorce the night from power, and 10
give to stranger power over anothers
right where be has none.
General power OF all over general
interests and local power OF each over
local interests. This is self-goyern.
ment This secures liberty, and peace,
and prosperity
But enough. wehave given merely
enough Of Mr., TUoKER's Yale address
10 make the reader desire 10 SEQ it ali.
But we must cut short our article.
The South Carolina address has
good deal Of the same sort OF talk in
it, 1t is, however, peculiarly rich in
its references TO Mr.. CALHOUN. We
may possibly take up these addresses
again some day.